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Filling out the DD Form 2058, also known as the State of Legal Residence Certificate, is a straightforward but important process for military personnel. This document helps determine the correct state of legal residence for withholding state income taxes from your military pay. It's essential to provide accurate information and understand the implications of your declaration, as this can affect various legal privileges and obligations. Following the detailed steps below will ensure you complete the form correctly and comply with all necessary requirements.

1. Read the Privacy Act Statement carefully to understand the purpose of the form, the authority under which it is collected, its routine uses, and the implications of not providing the requested information.
2. Enter your full name (Last, First, Middle Initial) in the space provided for item 1.
3. Provide your DoD ID Number in the space designated for item 2. This unique identifier is essential for processing your form.
4. In item 3, fill in your Legal Residence/Domicile, including both the city or county and the state. This information is crucial for determining the state for which your income taxes will be withheld.
5. Before signing the form, ensure you fully understand the instructions for certification. These instructions outline the criteria for establishing legal residence or domicile, actions that might indicate intent to make a new state your permanent home, and the requirement to comply with the applicable tax laws of the new state.
6. With a clear understanding that your former state's tax authorities will be notified, sign the form in the space provided for item 4. Your signature confirms that, to the best of your knowledge, you've met all the requirements for legal residence/domicile in the state claimed.
7. Enter your current mailing address, including the zip code, in the space allocated for item 5. This address is necessary for any correspondence related to the form.
8. Finally, record the date in the format YYMMDD in the space provided for item 6. This date indicates when you are completing the form.

Upon completion, review the form to ensure all information is accurate and complete. Failure to fill out the form correctly could delay the processing of your state income tax withholding and affect your legal rights and benefits. If you have doubts or questions about your state of legal residence/domicile, it's advisable to seek guidance from a Legal Assistance Officer (JAG Representative) before submitting the form. Proper completion of the DD Form 2058 is a critical step in managing your tax obligations and asserting your legal rights as a member of the military.

What is the purpose of the DD Form 2058?

The DD Form 2058, also known as the State of Legal Residence Certificate, is primarily used to establish a service member's state of legal residence for the purpose of withholding state income taxes from military pay. It is a critical document for ensuring that taxes are properly withheld and allocated according to the service member's official state of residence.

What legal authorities require the submission of the DD Form 2058?

The requirement for submitting the DD Form 2058 is mandated by 50 U.S.C. 571, which pertains to residence for tax purposes, and 37 U.S.C., which outlines pay and allowances for the Uniformed Services. This legal framework ensures that military pay and allowances are managed in accordance with state tax laws and regulations.

What information is needed to complete the DD Form 2058?

To fill out the DD Form 2058, you must provide your name, DOD ID number, and your legal residence/domicile including city or county and state. Additionally, you are required to certify that the information provided is accurate and that you meet all the requirements for legal residence in the state claimed through your signature.

Can the DD Form 2058 impact state income tax withholding?

Yes, the completion and submission of the DD Form 2058 directly influences the withholding of state income taxes from a service member's military pay. It designates the state of legal residence, hence determining the appropriate state income tax rates and laws that apply.

How does one choose a state of legal residence/domicile according to the DD Form 2058 instructions?

Choosing a state of legal residence or domicile involves establishing permanent residence in a new state with the intent of making it a permanent home, while simultaneously abandoning the previous state of residence. This can be indicated through actions such as registering to vote, purchasing property, titling and registering vehicles in the new state, notifying the previous state of residency change, and ensuring compliance with the new state's tax laws.

What are the consequences of not providing the DD Form 2058?

If the DD Form 2058 is not submitted, state income taxes will be withheld based on the tax laws of the applicable state, as determined by the service member's home of record. This may result in incorrect withholding amounts if the home of record does not accurately reflect the service member's current state of legal residence.

Is the submission of the DD Form 2058 voluntary?

While submitting the DD Form 2058 is technically voluntary, not providing it will lead to state income taxes being withheld by default based on the service member's home of record. To ensure taxes are withheld correctly according to the actual state of legal residence, completion, and submission of the form are essential.

What are the routine uses of the information provided on the DD Form 2058?

The information collected on the DD Form 2058 is used for determining the correct state of legal residence for tax withholding from military pay. Additionally, it may be used in various system of records notices, such as the Defense Joint Military Pay System for both Active and Reserve Components, ensuring accurate and legal management of pay and allowances within the Defense Department.

What steps should one take if unsure about their state of legal residence/domicile?

If there is any doubt regarding one's state of legal residence or domicile, it is advised to consult a Legal Assistance Officer (JAG Representative). They can provide guidance and advice to ensure that one's state of legal residence is correctly determined and documented, avoiding potential legal and financial complications.

Can the state of legal residence/domicile change if you are moved to a new duty station?

No, according to the Soldiers’ and Sailors’ Civil Relief Act, being ordered to a new duty station does not, by itself, change your state of legal residence/domicile. For such a change to occur, there must be a clear intent to make the new location your permanent home, alongside actions that support this intent, as outlined in the form’s instructions.

Filling out the DD Form 2058, also known as the State of Legal Residence Certificate, seems straightforward, but it's easy to make mistakes that can have significant consequences. One common error is not understanding the terms "legal residence" and "domicile." These terms are crucial for tax purposes and indicate a permanent home to which one intends to return. Confusing "legal residence" with a "home of record" is a frequent mistake. A home of record is primarily used for travel and transportation allowances and does not necessarily represent one's legal state of residence.

Another mistake is not providing clear evidence of intent to make a new state one's permanent home. Actions such as registering to vote, purchasing property, or changing vehicle registration are critical indicators of intent that many overlook. Furthermore, individuals often fail to notify the state of their previous legal residence about the change, an oversight that could lead to tax implications and legal confusion regarding one's domicile status.

Incorrectly filling out the personal details section, including the name and DOD ID Number, can also lead to processing delays. Such errors may seem minor but verifying and correcting this information can be time-consuming. Additionally, some applicants neglect to check the compliance with their new state's tax laws, a step that is essential to ensure the legality of the domicile change. Without taking these legal steps, one's claim to have changed domiciles may be considered doubtful.

Another common issue is failing to sign and date the form, rendering it invalid. It's a simple step that's surprisingly overlooked. Forgetting to include a current mailing address, complete with the ZIP Code, is another frequent slip-up. This address is crucial for any necessary correspondence related to the form.

Finally, many do not seek advice from a Legal Assistance Officer when in doubt about their state of legal residence/domicile. This guidance can be invaluable in ensuring all requirements are met and avoiding legal pitfalls. Ignoring this resource can lead to unwelcome surprises down the road, affecting eligibility for certain benefits or legal rights within a state.

In summary, while the DD Form 2058 plays a crucial role in determining the correct state of legal residence for military personnel, care must be taken to avoid common mistakes. Understanding the legal definitions, providing evidence of intent, and ensuring the form is filled out correctly and completely can prevent future complications with legal residence status.

The DD Form 2058, utilized for certifying an individual's state of legal residence for tax withholding purposes in the military, is one of several important documents designed to manage various aspects of a service member's career and personal affairs. Alongside this form, there are other documents frequently used by military personnel to ensure their rights are protected, their benefits are correctly administered, and their responsibilities are clearly defined. These documents play a crucial role in the administrative framework supporting military personnel, each serving a specific purpose.

1. DD Form 214 - Certificate of Release or Discharge from Active Duty: This document is crucial for veterans as it officially marks their separation from active duty. It's essential for accessing veteran benefits, including health care, education, and employment.
2. DD Form 1351-2 - Travel Voucher or Subvoucher: Used by military members to claim reimbursement for travel expenses incurred during official duties, including Permanent Change of Station (PCS) moves, Temporary Duty Assignments (TDY), and other work-related travel.
3. DD Form 1172-2 - Application for Identification Card/DEERS Enrollment: Necessary for enrollment in the Defense Enrollment Eligibility Reporting System (DEERS), this form allows military personnel, their dependents, and other eligible individuals to obtain military ID cards for access to benefits and services.
4. DD Form 2656 - Data for Payment of Retired Personnel: Required for retirees, this document collects information crucial for setting up retirement pay. It includes data about pay selection and beneficiary information for the Survivor Benefit Plan.
5. DD Form 93 - Record of Emergency Data: This form is used by service members to designate beneficiaries for certain entitlements and provide contact information for next-of-kin to be notified in case of an emergency or death.
6. DD Form 2586 - Verification of Military Experience and Training: Helps service members translate their military experience and training into civilian terms. It's beneficial for career planning, resumes, and leveraging skills learned in the military for civilian employment.

The use of these documents, along with the DD Form 2058, underlines the comprehensive approach taken by the military to address both the professional and personal aspects of service members' lives. From ensuring the proper management of benefits and entitlements to facilitating transitions into civilian life, each form contributes to the overarching support system designed to assist military personnel throughout and beyond their service.

The W-4 form, officially titled "Employee's Withholding Certificate," shares a crucial similarity with the DD Form in that it is used to determine the amount of federal income tax to be withheld from an employee's paycheck. Just like the DD Form specifies an individual's state of legal residence for state income tax withholding, the W-4 form captures information such as filing status and dependents to calculate the correct federal income tax withholding. Both forms are integral to ensuring that individuals are taxed accurately according to their circumstances and are required to provide personal and financial information to the relevant tax authorities.

A Voter Registration form is another document with a notable similarity to the DD Form, primarily regarding the declaration of one's legal residence. While the DD Form is employed to ascertain an individual's state of legal residence for tax purposes, the Voter Registration form uses this information to determine eligibility for voting in local, state, and federal elections. Crucially, both documents serve as official declarations of domicile, impacting one's civic responsibilities and financial obligations within a particular jurisdiction.

The state specific DMV Vehicle Registration forms closely parallel the DD Form in their requirement for individuals to declare their legal state of residence. This declaration affects where a person must register their vehicle and pay associated fees, which can vary significantly from state to state. Similar to the DD Form, which clarifies tax withholding obligations, DMV forms ensure compliance with state laws regarding vehicle ownership and use, grounding the individual’s legal ties to their stated domicile.

The Homestead Declaration form, found in some states, offers benefits related to property taxes and protection from creditors, emphasizing the importance of one's legal residence, similar to the DD Form. This form requires homeowners to declare their property as their primary residence, affording them certain legal and financial protections. The parallel with the DD Form lies in the formal acknowledgement and declaration of a primary state of residence, which has significant legal and tax implications.

Financial institutions often use a W-9 form, "Request for Taxpayer Identification Number and Certification," similar to the DD Form in the context of tax reporting. The W-9 is essential for informing the bank or financial institution about the account holder’s taxpayer identification number (TIN) for interest income reporting to the IRS. Both this form and the DD Form play pivotal roles in the accurate reporting and withholding of taxes, ensuring that individuals comply with federal and state tax laws.

Last will and testament documents similarly echo the DD Form's focus on legal residence or domicile. When creating a will, the drafter's state of legal residence can significantly affect how their assets are distributed and taxed upon their death. Just as the DD Form determines state tax withholding, the legal residence indicated in a will can influence probate proceedings and the applicability of state-specific estate laws. Both convey the vital legal concept of domicile with far-reaching implications beyond mere physical location.

When filling out the DD Form 2058, also known as the State of Legal Residence Certificate, it's important to approach the process with caution and clarity to ensure all information is accurately represented. This form plays a critical role in determining the appropriate state for withholding income taxes from military pay. Below are lists of things you should and shouldn't do when completing this documentation.

Things You Should Do:

1. Read all instructions carefully before signing to ensure a clear understanding of the terms "legal residence" and "domicile," along with the implications of the Soldiers’ and Sailors’ Civil Relief Act.

2. Ensure the information provided, such as name, DOD ID number, and current mailing address, is accurate and current.

3. Clearly indicate your intent to make the new state your permanent home through actions like registering to vote, purchasing property, and notifying the state of your previous legal residence/domicile of the change.

4. Seek advice from a Legal Assistance Officer (JAG Representative) if there's any doubt regarding your state of legal residence/domicile before completing the form.

5. Understand the tax obligations and rights in your newly claimed state of legal residence/domicile, complying with applicable tax laws.

Things You Shouldn't Do:

• Avoid hastily filling out the form without comprehending the instructions and the impact of your declarations on legal privileges and obligations.

• Do not provide outdated or inaccurate information, which could result in incorrect withholding of state income taxes from your military pay.

• Resist from assuming that your "home of record" automatically qualifies as your state of legal residence/domicile without meeting specific criteria.

• Avoid the failure to notify the state of your previous legal residence/domicile about your change, as it is crucial for maintaining accurate legal status.

• Do not overlook the importance of consulting a Legal Assistance Officer for advice if there are uncertainties about your legal state of residence. This can prevent potential legal and financial complications.

By meticulously following these guidelines, individuals can ensure that their DD Form 2058 is completed correctly, thereby upholding their legal and financial responsibilities with accuracy and integrity.

When it comes to filling out government forms, especially ones related to military service, there's often a lot of confusion. The DD Form, specifically used for determining State of Legal Residence for tax purposes, isn't any different. Here are ten common misconceptions that seem to trip people up:

• It's optional to submit. While the DD Form states that disclosure is voluntary, not providing this information results in state income taxes being withheld based on the laws of the state associated with your home of record, which might not be beneficial for you.
• It's only for military personnel. Indeed, while primarily designed for military members, this form is crucial for determining the correct state for income tax withholding. This impacts both military personnel and others paid through military payroll systems.
• "Legal residence" and "domicile" mean different things. The form makes it clear that for its purposes, these terms are interchangeable, relating to your permanent home to which you intend to return.
• My "Home of Record" is the same as my state of legal residence. This is not always true. Your "Home of Record" might be the place you entered the service from, but your state of legal residence could change if you've decided to make a different state your permanent home.
• Completing the form automatically updates your state of legal residence. Filling out the form is an essential step, but your actions must also match your intent to change your state of legal residence. Actions like voting, buying property, or changing your vehicle registration in the new state are necessary to demonstrate intent.
• You can change your legal residence at any time with ease. The process requires both physical presence in the new state and clear intent to make it your permanent home, abandoning your previous state of legal residence. It's not as simple as filling out a form.
• You don't need to notify your previous state about the change. In fact, one of the actions indicating intent to change your legal residence is notifying the state of your former legal residence about the change.
• The form is only related to tax withholding. While its primary purpose is to determine the correct state for income tax withholding from military pay, the implications also affect eligibility for resident tuition rates, voting, and other state-specific legal benefits.
• Military orders to a new duty station change your legal residence. The Soldiers’ and Sailors’ Civil Relief Act ensures that a change in duty station alone doesn't alter your legal state of residence for tax purposes unless you take steps to make that state your permanent home.
• Any attorney can provide advice on filling out the form. The form suggests seeking advice from a Legal Assistance Officer (JAG Representative) if you have doubts about your state of legal residence. JAG Officers are specifically trained in military law and its implications on legal residency and other issues.

Filling out government forms, like the DD Form, accurately is crucial. Misunderstandings can have significant implications, not only on where your taxes go but also on your eligibility for various benefits and legal rights within states. It's always best to address any confusion up front by seeking relevant legal advice, ensuring your paperwork accurately reflects your intentions and legal standing.

When filling out the DD Form 2058, also known as the State of Legal Residence Certificate, there are several key points individuals should be aware of to ensure the process is completed accurately and effectively. Understanding these points can aid in correctly establishing one’s state of legal residence for tax purposes, especially for members of the uniformed services. Below are the key takeaways:

• Authority for collecting personal information through DD Form 2058 is granted by 50 U.S.C. 571 and 37 U.S.C., which cover residence for tax purposes and pay and allowances of the Uniformed Services, respectively.
• The primary purpose of the form is to determine the correct state of legal residence for withholding state income taxes from military pay.
• Information provided may be used in additional contexts as outlined in applicable system of records notices, with detailed listings available on the Defense Privacy, Civil Liberties, and Transparency Division website.
• Providing the information on DD Form 2058 is voluntary, but failure to do so will result in state income taxes being withheld based on the tax laws of the applicable state, determined by one’s home of record.
• The terms "legal residence" and "domicile" are used interchangeably and refer to the place considered your permanent home, where you intend to return after any absence.
• The Soldiers’ and Sailors’ Civil Relief Act ensures that military pay is not subject to income tax by a state solely due to military orders, unless it is also the individual's legal residence/domicile.
• To change your state of legal residence/domicile, you must physically reside in the new state with the intent to make it your permanent home, clearly indicated by actions such as registering to vote, purchasing property, titling and registering automobiles in the state, and complying with the state’s tax laws.
• Uncertainty regarding your legal residence/domicile can impact legal privileges such as eligibility for resident tuition rates, the right to vote, or eligibility for public office and various state welfare benefits. Legal assistance officers (JAG) can provide advice if there’s any doubt about your state of legal residence/domicile.

It is important to approach the completion of DD Form 2058 with careful consideration of these points to accurately establish your state of legal residence, ensuring compliance with both military requirements and state tax obligations.